Candidates are asked to analyse the torts that make up trespass to the person, including the tort in Wilkinson v Downton.
Candidates should identify the torts that are traditionally regarded as trespasses to the person. They are: Assault, Battery, False imprisonment.
Tort of assault: assault is an act of the Defendant which causes the Claimant reasonable apprehension of the infliction of a battery on him by the Defendant.
The elements: the threat of immediate violence coupled with the ability to carry out the threat.
They will analyse relevant case law:
· Stephens’s v Myers
· Turberville v Savage
· Thomas v National Union of Mineworkers
Tort of battery: ‘it is the intentional and direct application of force to another person. Better answers will identify and analyse the elements of the tort.
They will consider whether the least touch is sufficient or whether an element of hostility is required:
· Wilson v Pringle
· F v West Berkshire Health Authority
· Per Lord Goff, TvT ,
· Re F
· Appleton & Others v Garrett
· B v An NHS Trust Hospital
Better candidates will analyse the law and the uncertainty produced by Wilson v Pringle and its inappropriateness to certain contexts.
· Consider defences:
· Valid consent
· Self defence
· Lawful Authority
Tort of false imprisonment: It is the infliction of bodily restraint which is not impliedly or expressly authorised by law.
Elements: They should consider whether the tort requires incarceration:
· Warner v Riddiford
· Bird v Jones
They should consider whether the tort may be committed without...